S T A T E   O F   N E W   Y O R K
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                                  1135

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Labor

AN  ACT to authorize and direct the workers' compensation board to rede-
  termine the award of volunteer firefighter benefits to William  DuBois
  of New Paltz, New York who was injured in the line of duty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration of intent. The  legis-
lature  hereby  finds  that  William  DuBois  of New Paltz, New York was
severely injured on January 12, 1976 while in the line of duty as a  New
Paltz volunteer fire chief. While fighting a structure fire on the first
floor  of  8  Locust Lane in New Paltz, Mr. DuBois was crushed beneath a
collapsing roof. He  sustained  severe  spinal  injuries,  nerve  damage
throughout  his  body,  and  crushed  and  torn  ligaments,  muscles and
tendons. To this day he still suffers from chronic pain  and  his  move-
ments  are  extremely  limited. In 1993, he underwent corrective surgery
and experienced no relief. He has been advised  by  orthopedic  surgeons
and  specialists  that there is no definite procedure that is guaranteed
to improve his condition.
  The legislature further finds that due to the  exceptional  nature  of
Mr.  DuBois' injuries, the original award of volunteer firefighter disa-
bility  benefits  under  the  law  as  it existed at the time has become
totally inadequate for the  purpose  for  which  it  was  intended,  has
resulted in hardship, and should be redetermined under present law as if
Mr. DuBois sustained all of his injuries in the line of duty on or after
July 1, 1992.
  Accordingly,  the  purpose of this act is to remedy this injustice and
hardship arising from special circumstances by  directing  the  workers'
compensation  board to redetermine Mr. DuBois' award under the volunteer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03679-01-3
              

A. 1135                             2

firefighters' benefit law as if he had been injured in the line of  duty
on or after July 1, 1992.
  S  2.  Notwithstanding  any  contrary provision of the volunteer fire-
fighters' benefit law or of the workers' compensation law but  otherwise
subject  to such laws, the workers' compensation board is hereby author-
ized and directed to redetermine and issue forthwith its award of volun-
teer firefighter disability benefits to William DuBois of New Paltz, New
York as if he sustained in the line of duty on or after July 1, 1992 the
injuries upon which his original award  was  based  and  all  subsequent
injuries  in  any  way  related  thereto.  Such redetermined award shall
include coverage of all medical and rehabilitative care rendered  on  or
after  the  effective  date  of  this act and in any way related to such
injuries sustained in the line of duty on or after  July  1,  1992,  and
shall  be  paid  prospectively beginning with the effective date of this
act. Such benefit shall be paid from the fund for reopened cases in  the
manner otherwise provided by law.
  S 3. This act shall take effect immediately.